Now in Legal Rebels:
Posted Feb 02, 2009 12:09 am CST
Though signed and sealed, Marbury’s commission was never delivered, as required, by Secretary of State John Marshall. For two years Marbury begged, cajoled and finally sued for the commission. By the time he filed for a writ of mandamus at the U.S. Supreme Court, Marshall was chief justice.
Instead of protecting a fellow Federalist, Marshall used the case to assert the court’s power of judicial review, ruling that while Marbury was entitled to the commission, the provision authorizing the mandamus remedy was unconstitutional.